Traditional land owners have won a technical victory after a court ordered that compulsory acquisition notices issued by the West Australian government regarding a proposed gas hub in the Kimberley were unlawful.
The community has been divided and some have had an ongoing battle with Woodside Petroleum over its plans to build a $30 billion liquefied natural gas (LNG) precinct at James Price Point.
Chief Justice Wayne Martin determined on Tuesday that any decisions made since the government-issued notices to take land at James Price Point and extinguish native title were also unlawful.
He said the notices were invalid because they did not contain a description of the land required.
However, Chief Justice Martin said his declaration did not prevent Lands Minister Brendon Grylls from issuing further notices of intention to take land in the area.
Mr Grylls had issued three notices of intention to take land on September 2 last year.
The precinct notice related to land to be used for the gas processing plant, workers accommodation and light industrial purposes.
The infrastructure notice related to land for the port, a corridor to be crossed by pipelines and a corridor to connect services.
The roads notice related to land earmarked for the new road between James Price Point and Cape Leveque Road. Chief Justice Martin also ruled that the plaintiffs, Neil Patrick McKenzie representing the Jabbir Jabbir people, and Phillip James Roe representing the Goolarabooloo people, had a sufficient interest in the validity to invoke the jurisdiction.
Outside court, Mr Roe told reporters he was very happy with the result.
"The judgment was really great for us to go back home and put a smile on our face," he said.
"I'll go back and look after my songline and my heritage and culture. "I thank the lawyers - what a great job - but the fight's not over. There's more to come and I'll be still going hard at it."
Mr Roe's lawyer Michael Orlov said there would be proceedings, probably next week, to declare the songline area an Aboriginal site under the Aboriginal Heritage Act.
He said the area where the project was being developed was an Aboriginal site and should have been approved by the minister under the Heritage Act. Mr Orlov said because the approval was not obtained, it could halt the development for around 12 months.
"The immediate practical effect of this judgment is the Browse project agreement, which depended on the validity of these notices, is invalid and has no effect," he said.
"The minister can commence again but it is a long process and we'll have to see what he does."
Mr Orlov said the minister had wanted to be in a position to assure Woodside that they would have security of tenure by the end of this year, so Woodside could make an investment decision next year.
He said that was now not possible. Goolarabooloo traditional custodian Joseph Roe said in a statement that the judgment was an opportunity for the government and gas companies to reconsider where they would site the planned gas precinct.
"If this gas precinct goes ahead, our cultural heritage will be destroyed," he said.
A spokeswoman for Woodside said the provision of the land was a matter for the state and would not impact the project schedule.
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